Terms and conditions for the use of Paypak’s payroll outsourcing service and the use of it’s web site (paypak.ie) and the Paypak Mobile App.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the site is owned, controlled or licensed by or to Paypak, and is protected by, copyright, patent, domain registration and trademark laws
Use of the Paypak Web Site:
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Paypak reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site, or any other customer of Paypak, including any Paypak account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
Other Terms and Conditions – Including Privacy Statements (GDPR) & Policies.
Additional terms and conditions may apply to purchases of services and to specific portions or features of the Paypak web site/mobile App. services, including. The following terms also govern and apply to your use of the web site, and they are incorporated herein by these references: (1-47).
- Paypak Payroll Service is a trading name of Bluestones Facility Management Limited. (company registration number: 360821).
- Paypak Payroll Service acts in the capacity of “payroll agent” on behalf of clients to its service.
- Paypak Payroll Service as a payroll agent is not a party to any employment arrangement entered into between a client and that client’s employee and is therefore not responsible for fulfilling any statutory obligation or making any statutory payment that may arise as a consequence of the relationship between employer and employee.
- Paypak Payroll Service subscriptions will run for a minimum period of twelve months commencing from the initial date of the engagement of Paypak Payroll services. The first 3 month subscriptions are taken in advance and then monthly subsequently.
- Paypak Payroll Service contract for services shall be automatically renewed at the expiry of the initial twelve month period unless terminated by either party by giving a minimum of three months notice in writing prior to the end of the initial contract. The monthly service charge will apply and remain in place for the duration of the three month notice period or part thereof.
- Paypak Payroll Service is subject to a monthly charge, via Direct Debit or other payment methods agreed by both parties. The client will be invoiced each month at the agreed rate, and payment will be taken monthly in advance on a date agreed by both parties, in the event of a failed Direct Debit or other failed payment method immediate payment will be required by Bank Transfer. Failure to make immediate payment by Bank Transfer will result in suspension of all payroll services being provided.
- Paypak Payroll Service is free to undertake other contracts for services for other parties at any time, either, after, before or concurrently with this service contract. The client agrees that it does not have “first call” on the services of Paypak Payroll Service, nor can the client demand that Paypak Payroll Service give any priority to the client named in this contract over other clients, new or existing.
- Paypak Payroll Service will not accept any liability or bear any responsibility for any consequences arising from the payroll services provided.
- Paypak Payroll Service will only act as payroll agent in respect of a client’s employees who reside in the Republic of Ireland.
- Paypak Payroll Service will only provide a payroll service compliant with regulations issued by Revenue Ireland namely PAYE Modernisation Legislation effective from January 1st2019.
- Paypak Payroll Service clients are to provide full and accurate payroll information (time sheets – rates – hours – holiday / leave details) in a timely fashion allowing for the preparation payment figures and of payslips at agreed intervals, whether it is weekly, fortnightly or monthly or at other pre-agreed intervals. This information MUST be sent to the Paypak administration team electronically using the .csv file format or by using the Pakpak App directly. Failure to supply such information in the prescribed format will result in delays in payroll processing for whick Paypak will accept no responsibility.
- Paypak Payroll Service will not be held responsible or bear any liability for any consequences that may arise as a result of any incorrect information being presented by a client. Where information concerning changes in employment arrangements are provided late by a client, and especially where this results in a significant amount of extra work for Paypak Payroll Service (e.g. in amending client records, reissuing payslips or resubmitting statutory forms to Revenue Ireland under PAYE Modernisation legislation – January 2019). Payroll Service reserves the right to charge an increased fee, at Paypak’s discretion, to cover the additional work involved.
- Paypak Payroll Service reserves the right to charge an administrative fee of €195 plus VAT for cancellations of service requested after 14 days outside the 30 day cooling off period to cover the cost of any set up work performed.
- Paypak Payroll Service will not discuss payroll queries with individual employees, unless Paypak Payroll Service receives such a request from a client in writing, queries will only be discussed with the client’s nominated payroll administrator. The clients nominated payroll administrator must be named in writing.
- Paypak Payroll Service will however issue payslips both to the employer and the employee (if required) on dates and intervals pre-agreed i.e. weekly, fortnightly or monthly. In the event of a dispute arising between a client and that client’s employee, Paypak Payroll Service will act on the client’s instructions. However, factual payroll information will not be withheld from an employee who has, in any case, a statutory right to access to their PAYE records in compliance with Revenue Ireland PAYE modernisation legislation.
- Paypak Payroll Service also reserves the right to inform a client where that client’s proposed course of action in a dispute, or on a day to day basis is in breach of its statutory obligations as an employer, and to refuse to carry out any such instructions from a client if this is the case.
- Paypak Payroll Service requires the client to provide notice of any changes to its payroll by the dates notified to and agreed with Paypak Payroll at the commencement of the client’s subscription or as subsequently amended with Paypak Payroll’s agreement.
- Paypak Payroll Service will not be conduction by electronic money transfers on the client’s behalf, where requested and agreed in the service contract Paypak can provide banking files to client to expedite such payments.
- Paypak Payroll Service will not process any transfer instructions until such time as it has received written or electronic authorisation in the prescribed form from the person authorised in the initial agreement or other authorised persons as agreed in advance.
- Paypak Payroll Service will not be held liable for late payment of employees caused through late authorisation or late submission of relevant payment information – see also 11:
- Paypak Service Payroll will require in writing the name of the person (or persons) authorised to submit changes to either employee personal data or payroll processing data, and also of the person (or persons) who is authorised to approve the direct bank transfers and to authorise payslips and time sheets.
- Paypak Payroll Service will not bear any responsibility for Revenue penalties or interest charges that may arise as a consequence of failure on a client’s part to make income tax, PAYE, PRSI, USC or any payments due by dates notified to the client either by Paypak Payroll Service or by Revenue Ireland, or as a consequence of the client’s failure to make information available to Paypak Payroll Service which would affect or delay the submission to Revenue Ireland of statutory returns by the relevant due dates.
- Paypak Payroll Service will not accept liability for overpayment or underpayment of wages incurred as result of an error in processing a client’s specified wage for any period. We will however endeavour to rectify the error with the client’s permission at the earliest convenience, namely the next pay date. It is each client’s responsibility to check proposed payments in dept prior to authorisation for payment and to check payslips received from PAYPAK Payroll Service to ensure that the client’s instructions have been correctly processed.
- Paypak Payroll Service will not bear any responsibility for Revenue Ireland’s penalties or interest charges which may arise as a result of employment arrangements existing prior, during or after a client appointing Paypak Payroll Service or for retrospective liability due or the consequences of late-filing a declaration of retrospective liability where the client appointed Paypak Payroll Service after the due date.
- Paypak Payroll Service will make all reasonable efforts to make clients aware of the tax and PRSI obligations of their proposed or actual employment arrangements under the PAYE systems however this does not however negate the clients own obligation to have a full and comprehensive understanding of its tax and other liabilities to Revenue Ireland and the PAYE system.
- Paypak Payroll Service will not bear any responsibility for liabilities that may arise out of a client’s unfamiliarity with or lack of understanding of how the PAYE system works in terms of their own particular employment arrangements.
- Paypak Payroll Service will not be held responsible for any additional tax or PRSI/PAYE liability incurred as a consequence of the client’s failure to act on information provided by Paypak Payroll Service.
- Paypak Payroll Service will not accept liability for any loss or damage, direct or indirect, arising as a result of any advice given by any other organisation working with or introduced by, but not within the control of Paypak Payroll Service.
- Paypak Payroll Service will, when introducing any third party provider of services to the client, bring it to the client’s attention that such organisation is not controlled by or otherwise connected to Paypak Payroll Service. It is the client’s responsibility to ascertain whether such organisation has indemnity insurance for the service that it provides.
- Paypak Payroll Service is not liable for any loss or damage, direct or indirect, arising from the failure of Paypak Payroll Service to receive information from a client or of a client to receive information from Paypak Payroll service where such failure is due to a failure of the postal system, electronic communication or any other circumstances over which Payroll Payroll Service has no direct control. Clients are requested to contact Paypak Payroll Service if information they are expecting from Paypak Payroll Service has not been received within one hour of it being due unless they have already been advised by Paypak Payroll of a longer timeframe or of specific reasons for such a delay.
- Paypak Payroll Service advises that this clause applies if the client makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction) or if an encumbrance takes possession or a receiver is appointed of any of the property or assets of the client or if the client ceases or threatens to cease to carry on business or if in Paypak Payroll’s reasonable opinion any of the events mentioned above is about to occur in relation to the client and Paypak Payroll notifies the client accordingly. If this clause applies then, without prejudice to any other or remedy available to Paypak Payroll Service, Paypak Payroll shall be entitled to cancel the contract or suspend further services under the contract without any liability to the client where those services have been paid for or not been paid for, and where services have been delivered but not paid for the fees shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- Paypak Payroll Service will where services were not delivered in the above situation(s) reimburse the portion of the monthly fee where contracted services were not fulfilled.
- Paypak Payroll Service advises where services have been paid any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as the relevant party may from time to time notify to the other party for the purpose of this paragraph.
- Paypak Payroll Service observes a strict duty of confidentiality and will not disclose information held by it to any person without the client’s prior written consent unless compelled to do so by law. Bluestone Facilities Management Limited, trading as Paypak Payroll Service, is required to, and will comply with all legislation and appropriate guidelines designed to combat money laundering activity and the funding of terrorist or criminal activity in the jurisdictions in which it operates namely (the Money Laundering and Terrorist Financing) Ireland Act 2010.
- Paypak Payroll Service is required under the rules of the Central Bank of Ireland, Revenue Ireland and the provisions of the Ireland Money Laundering and Terrorist Financing Act 2010 to verify the identification of its clients. For this purpose the client must agree to provide the documents and information that may be required to comply with the Paypak Payroll’s procedures. Each party to this contract acknowledges that this contract contains the whole agreement between the parties and that it has not relied on any oral or written representation made to it which is not set out in this contract. This paragraph is not intended to relieve a party of any liability incurred for fraud. The contract shall be governed by the laws of Ireland and Irish company law.
- Paypak Payroll Service and its employees or agents assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided on Paypak Service’s web site page(s), Mobile APP. or other social media platforms and including Paypak’s hard and soft copy brochures or on information sheets. Also at this time and do not accept any liability whatsoever arising from any errors or omissions in or on any of the above media platforms.
- PAYPAK Payroll Service has no control and accepts no responsibility for links to external or third party web sites/mobile APPs. from Paypak Payroll Service’s official web site/mobile App. or references in print hard and soft copy to any third parties products or services. Any links from our website/mobile App. to or social media pages, including hard and soft copy printed information brochures and information sheets to external websites are provided as a matter of convenience only. They should not be taken as an endorsement by Paypak of the contents or practices of those external websites.
- PAYPAK Payroll Service: Accounts, Passwords and Security:
Certain features or services offered on or through the Paypak site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Paypak immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Paypak or any other user of or visitor to the site/mobile App. due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission in writing and consent of the holder of that, password or account. Paypak cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- PAYPAK Payroll Service: Privacy:
- Links to Other Sites:
The Paypak web site/Mobile App. may contain links to other independent third-party Web sites (“Linked Sites”) or Apps. ( “Linked Apps”) These Links are provided solely as a convenience to our visitors. Such Linked Sites/Apps are not under Paypak’s control, and Paypak is not responsible for and does not endorse the content of such Linked Sites/Apps., including any information or materials contained on such Linked Sites/Apps. You will need to make your own independent judgment regarding your interaction with these Linked Site/Apps.
PAYPAK DOES NOT PROMISE THAT IT’S SITE/MOBILE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE/APP. WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE/APP. AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE/APP. IS SUBJECT TO CHANGE WITHOUT NOTICE. PAYPAK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE/APP. WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PAYPAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAYPAK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE/APP. AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE/APP. AND ANY LINKED SITES OR APPLICATIONS.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Paypak reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site/Mobile App., or any portion of the Site/Mobile App., for any reason; (2) to modify or change the Site/Mobile App., or any portion of the Site/App., and any applicable policies or terms; and (3) to interrupt the operation of the Site/Mobile App., or any portion of the Site/Mobile App., as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Liability:
Except where prohibited by law, in no event will Paypak be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Paypak has been advised of the possibility of such damages.
- Paypak GDPR Policy Statement:
Bluestone Facilities Management Limited t/a Paypak Payroll Services with registered offices at 3o15 Lake Drive City West Business Campus , Dublin D24 Ireland and Kilamuck, Abbeyleix, Co. Laois, Ireland, company registration No 360821 are committed to ensuring the security and protection of the personal information and client data that we process, and in providing a compliant and consistent approach to data protection.
Bluestone Facilities Management Limited t/a Paypak Payroll Services are dedicated to safeguarding the personal information and client data under our remit and in developing and maintaining a data protection scheme that is effective, fit for purpose and demonstrates and understanding and appreciation of the new GDPR Legislation.
Bluestone Facilities Management Limited t/a Paypak Payroll Services is a Payroll Administration based organisation providing payroll services to small and medium sized companies as well as individuals. Bluestone Facilities Management Limited t/a Paypak Payroll Services acknowledge and agree that all clients data and personal information will be actioned & processed in accordance with all applicable data protection laws as set out by the: General Data Protection Regulations (GDPR 2018)
Bluestone Facilities Management Limited t/a Paypak Payroll Services will take all reasonable steps to ensure that all persons working for Paypak are aware and adhere to the rules in accordance with General Data Protection Regulations (GDPR 2018)
Bluestone Facilities Management Limited t/a Paypak Payroll Services in it’s capacity of a Data Controller will commit to the following:
- Notifying our clients on the type of data that may be collected.
- Informing our clients on how collected data may be used.
- Informing our clients on how collected data is stored.
- Identify to our clients the legal basis for which personal data is processed.
- Identify to our clients the legal basis for which their employees data is processed.
- To obtain consent from our clients to retain data prior to collection of said data.
- To obtain consent from the client to use this data for the purpose of payroll administration.
- Informing our clients of their right to access their data.
- Informing our clients of the data retention period(s).
- Informing our client of the right to withdraw their consent to hold personal data at any time.
In the event of a “data breach” (i.e if our clients data is shared without consent, stolen or lost) Bluestone Facilities Management Limited t/a Paypak Payroll Services will ensure that the affected client, where a risk is presented, will be notified immediately and shall also inform the Data protection Commissioner’s office within 72 hours of the data breach occurring using the “breach notification form” a per our obligation under new GDPR legislation.
This statement is briefed and acknowledged by all persons working for Bluestone Facilities Management Limited t/a Paypak Payroll Services to ensure an understanding of, and compliance with the regulations set out in the General Data Protection Regulations 2018.
This statement will be reviewed annually, (or more frequently as required) by the Directors of Bluestone Facilities Management Limited t/a PAYPAK Payroll Services and will be available to view on the company website paypak.ie
- Paypak GDPR Privacy Statement:
This Privacy Notice outlines what to expect in relation to your personal information or client data which is about to be collected handled, processed and stored by: Bluestone Facilities Management Limited t/a Paypak Payroll Services. Bluestone Facilities Management Limited t/a Paypak Payroll Services with registered offices at 3o15 Lake Drive City West, Business Campus, Dublin D24 Ireland & Kilamuck, Abbeyleix, Co. Laois, Ireland, Co. Reg. No 360821 is the Data Controller. We acknowledge and agree that all client information and personal data will be handled and processed in accordance will all applicable data protection legislation namely the: General Data Protection Regulations with effect from May 25th 2018.
This information we may hold about you as a “client”.
(A): Your Company registered and/or trading name:
- Your Company address.
- Your Company contact details including: telephone numbers, mobile telephone numbers.
- Your Company e-mail address and other social media platforms contact details.
(B): Your Company registration number.
- Your Company V.A.T. numbers, tax reference numbers and any information relevant to payroll processing.
(C): Your Company Bank information relevant to payment to us by Direct Debit or Standing Order, and where relevant the provision of payments files for the purpose of wage payments to employees and other relevant financial information.
(D) Photo I.D. and proof of address where relevant.
This information we may hold about your “employee(s)”.
(A): Employee name.
- Employee address .
- Employee date of birth.
- Employee contact details including: telephone numbers, mobile telephone numbers
- Employee e-mail address and other social media platforms contact details.
(B): Employee PRSI No. and other tax reference numbers and any information relevant to payroll processing.
(C): Employee Bank information relevant to payment by us for the provision of direct payment to employees.
(D): Photo I.D. and proof of address where relevant.
This information will be provided by you voluntarily for the purpose of payroll administration or by you on behalf of your employee(s) for the purpose of payroll administration. It is your responsibility as “the client” to be aware of your GDPR compliance obligations to your employee(s), and that they are fully aware that their data is being stored for this purpose in a location other than their place of employment.
All information and data collected by Bluestone Facilities Management Limited t/a Paypak Payroll Services is stored by our Managed Services Company using industry regulated cloud storage with relevant firewall and data protection procedures in place to ensure the safety of data and systems. These systems are monitored on a continued basis.
All information and data collected by Bluestone Facilities Management Limited t/a Paypak Payroll Services are used solely for the purpose of payroll administration on your company’s behalf. We will only use the information to contact you. We will not share the information with any third party, other than to fulfil our obligations as a payroll provider, namely: your bank, your employee(s) and Revenue Ireland. We do however reserve the right to use some of the information provided to carry out the necessary preliminary checks which may be required prior to engaging in services for which you are paying or where you have instructed us to make payments on your behalf. We have a legal obligation to provide relevant information to Revenue Ireland on an on-going basis as an “agent” or where there is a specific request made by Revenue Ireland for information deemed by them to be relevant to their enquiries.. We will notify you the client of any such requests.
You have the right to request for a copy of all information and data relevant to your company and employee(s) held by Bluestone Facilities Management Limited t/a Paypak Payroll Services. Requests for information must be made in writing to firstname.lastname@example.org. You also have the right to request that all information and data held be erased, and that restrictions be placed on the use of your data and information *. All information and data collected by Bluestone Facilities Management Limited t/a Paypak Payroll Services will be retained by us for the purposes of administering the services engaged by your company and for the duration of time we have been contracted to do so. Or unless that you expressly request in writing for our data and information to be not to be retained by us *.
You may request that your consent for the use of your data and information be withdrawn at any stage. This withdrawal of consent* request must be made in writing to email@example.com.
If you have any concerns about the way in which we collect or use you data or information, you should raise your concern with us immediately in the first instance to firstname.lastname@example.org or directly with the Office of the Data Protection Commissioner at: the Dublin Office 21 Fitzwilliam, Square South, Dublin 2, D02 RD28 or the Portarlington Office, Canal House, Station Road, Portarlington R32 AP23 Co. Laois. Telephone number: 057 8 684 800
BLUESTONE FACILITIES MANAGEMENT Ltd. VAT No. 638o821S Company Registration No. 36o821
phone: o1 9o2o97o email: email@example.com